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<br />Tenant shall not without Landlord's prior written consent display or sell merchandise outside the
<br />defined exterior walls and permanent doorways of the demised premises. Tenant shall not conduct or permit
<br />to be conducted any sale by auction in, upon or from the demised premises, whether said auction be
<br />voiuntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any
<br />bankruptcy or other solvency proceeding.
<br />18. U T I L I T I E S. Tenant shall pay before delinquency all charges for water, gas, heat, electricity,
<br />power, telephone service, and all other services of utilities, including any additional connection, use or other
<br />fees required to be paid as a result of Tenant's use of the demised premises, used in, upon or about the
<br />demised premises by Tenant or any of its subtenants, licensees or concessionaires during the term of this
<br />Lease. If any utliity is not separately metered, Tenant agrees to reimburse Landlord for the cost of said service
<br />as Additional Rental, plus a ten percent (1011b) management fee. Said Additional Rental is due ten (10) days
<br />after the date of mailing (due date) of the statement therefor and is in default if not received by Landlord
<br />within ten (10) days after the due date. Additional Rental in default shall be subject to an additional charge of
<br />ten percent(10) per month on the unpaid balance as a late charge. Landlord may estimate the amount of said
<br />service of utilities which are not separately metered, and collect and impound as Additional Rental from
<br />Tenant, on a monthly basis the amount of Tenant's pro rata share as set forth,in Section 4C(ii).
<br />In the event Tenant fails topayanyutilitychargesset torth herein, and Landlord is held liable thereforby
<br />the utilitycompany, then such nonpayment by Tenant shall be deemed a material breach of this Lease and an
<br />event of default under this Lease. Notwithstanding, the provisions of Section 22 of this Lease, upon service of
<br />a written notice by Landlord to Tenant of such event of default for failure, to pay such utility charges and
<br />Tenant's failure to cure said default within three(3) days of the service of said notice, Landlord may terminate
<br />this Lease.
<br />19. ENTRYAND INSPECTION. Tenant shall permit Landlord and its agents to enter into and
<br />upon the demised premises at all reasonable times for the purpose of inspecting the same or for the purpose
<br />of maintaining the building in which said premises are situated, or for the purpose of.making repairs,
<br />alterations or additions to any other portion of said building, including the erection and maintenance of such
<br />scaffolding, canopy, fences and props as maybe required, orfor the purpose of posting notices of nonliability
<br />foralterations additions or repairs, orfor the purpose of placing upon the property in which the premises are
<br />located any usual or ordinary" For Sale" signs. Landlord shall be permitted to do any of the above without any
<br />rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the premises
<br />thereby occasioned. Tenant shall permit Landlord, at any time within thirty(30) days prior to the expiration of
<br />this Lease, to place upon said premises any usual or ordinary"For Lease" signs, and during such thirty(30)
<br />day period Landlord or his agents may, during normal business hours, enter upon said premises and exhibit
<br />same to prospective Tenants.
<br />20. DAMAGE AND DESTRUCTION OF P REM IS ES. Inthe eventof,(a) partial ortotal
<br />destruction of said premises orthe build!ng)containing same during said term which requires.repairs to either
<br />said premises or said building, or (b) said premises or said building being declared unsafe or unfit for
<br />occupancy by any authorized public authority for any reason other than Tenant's act, use or occupation,
<br />which declaration requires repairs to either said premises orsaid building,- Landlord shall forthwith make said
<br />repairs provided Tenant gives to Landlord thirty (30) days written notice of the necessity therefor. No such
<br />partial destruction (including any destruction necessary in orderto make repairs required byany declaration
<br />made by any public authority) shall in anywayannul orvoidthis Lease, except that Tenant shall be entitled toa
<br />proportionate reduction of the Guaranteed Minimum Monthly Rental while such repairs are being made, such
<br />proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with
<br />the business carried on byTenant in said premises. However, if during the last two(2) years of the original term
<br />of this Lease the building is damaged as a result of fire or any other insured casualtyto an extent in excess of
<br />twenty-five percent (25%) of its then replacement cost (excluding foundation(s)), Landlord may within thirty
<br />(30) days following the date such damage occurs terminate this Lease bywritten notice to Tenant l; Landlord,
<br />however, elects to make said repairs, and provided Landlord uses due diligence in making said repairs, this
<br />Lease shall continue in full force and effect, and the Guaranteed Minimum Monthly Rental shall be
<br />proportionately reduced as hereinabove provided. If Landlord elects to terminate this Lease, all rentals shall
<br />be prorated between Landlord and Tenant as of the date of such destruction.
<br />The foregoing to the contrary notwithstanding, if the building is damaged or destroyed at any time
<br />during the term hereof to an extent of more than twenty-five percent (25%) of its then replacement costs
<br />(excluding foundation(s)) as a result of a casualty not insured against, Landlord may within thirty (30) days
<br />following the date of such destruction terminate this Lease upon written notice to Tenant. If Landlord does not
<br />elect to so terminate because of said uninsured casualty, Landlord shall promptly rebuild and repair said
<br />premises and Tenant's rental obligation shall be proportionately reduced as hereinabove provided.
<br />In respect to any partial or total destruction (including any destruction necessary in order to make
<br />repairs required by any such declaration of any authorized public authority) which Landlord is obligated to
<br />repair or may elect to repair under the terms of th is Section 20, Tenant waives any statutory right it may have to
<br />cancel this Lease as a result of such destruction.
<br />21. A S S I G N M E N T A N D S U 13 L E TT I N G. Tenant shall not assign this Lease, crany interest
<br />therein, and shall not sublet the demised premises or any part thereof, or any right or priviledge appurtenant
<br />thereto, or permit any other person (the agents and servants of Tenant excepted) to occupy or use the
<br />demised premises, or any portion thereof, without first obtaining the written consent of Landlord, which
<br />consent shall not be unreasonably withheld/Landlord may reasonably refuse to consent to assignment or
<br />subletting underthis Lease if Tenant is in default of any terms orconditions of this Lease, ifTenant's proposed
<br />assignee or subtenant proposes to use the demised premises for a purpose which duplicates the use of any
<br />existing tenant orexisting use in the shopping center, if Tenants proposed subtenant orassignee's proposed
<br />use of the demised premises would violate any exclusive use of any othertenant in the shopping center, if the
<br />financial condition of the proposed subtenant orassignee is determined to be unsatisfactory by Landlord, or if
<br />the use by the proposed subtenant or assignee would violate the terms of this Lease or the CC&Rs on the
<br />/Said Assignment & Subletting shall be subject to Landlord's Terms & Conditions
<br />as set forth in Exhibit "C", attached hereto and incorporated herein by reference
<br />as though set forth in full. Tenant shall pay to Landlord the sum of $250.00
<br />as a non—refundable fee for Landlord's time and processing and/or attorney's
<br />fees incurred in connection therewith.
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